Employment relationships in Türkiye are governed primarily by Labour Law No. 4857, supported by the Turkish Code of Obligations No. 6098, the Social Insurance and General Health Insurance Law No. 5510, the Occupational Health and Safety Law No. 6331, and the Trade Unions and Collective Bargaining Agreements Law No. 6356. Foreign employment is regulated separately under the International Labour Force Law No. 6735. Together these statutes make Turkish employment law noticeably employee-protective: the floor of rights they set cannot be lowered by contract, and courts read ambiguities against the employer.
We act for both employers and employees, structuring compliant relationships before disputes arise and defending or pursuing claims when they do. For foreign investors in particular, the gap between a Western at-will mindset and the Turkish framework is where most costly mistakes happen, and where early advice pays for itself.
The Legal Framework
Labour Law No. 4857 is the backbone of employment regulation in Türkiye. It sets minimum standards that cannot be contracted away to the employee’s disadvantage, covering contracts, working time, leave, termination, severance and notice. A clause that purports to waive statutory severance, cap overtime below the legal rate, or strip job-security protection is simply void, and the employee keeps the protection regardless of what they signed.
Where the Labour Law is silent, the Code of Obligations No. 6098 fills the gap, particularly for senior executives, liberal professionals and other roles that fall outside the Labour Law’s scope. Occupational health and safety obligations under Law No. 6331 apply to virtually every workplace irrespective of size, and social-security registration under Law No. 5510 must be completed before the employee’s first day, not after. What this means for you: compliance is not a single document but a stack of registrations, notices and records that has to be in place from day one.
Employment Contracts
Employers may choose among several contract types depending on the nature of the work:
- Indefinite-term or fixed-term contracts, the latter only where an objective reason genuinely justifies a fixed duration
- Full-time or part-time arrangements based on weekly hours
- On-call work for roles with irregular demand
- Team contracts for group projects
A written contract is required for fixed-term work and for indefinite-term contracts lasting one year or more. Even where writing is not strictly mandatory, we strongly recommend it, because in a dispute the burden of proving terms usually falls on the employer. Every contract should clearly set out the identities and addresses of both parties, the job title, duties and place of work, wage, allowances and benefits, working hours and rest periods, the duration where fixed, and notice periods and termination conditions.
Two traps recur. First, fixed-term contracts are often misused to avoid job security. Chaining renewals without a fresh objective reason converts the relationship into an indefinite-term one by operation of law, and the employee acquires full termination protection. Second, non-compete clauses are enforceable only if reasonable in scope, geography and time, and only where a legitimate business interest justifies them. Overbroad restrictions are routinely narrowed or struck out by the courts.
A signed release or a “resignation letter” does not close the file. Turkish courts scrutinise settlements and quit-claims closely, and a waiver signed under economic pressure is frequently set aside, leaving the employer exposed to the full claim years later.
Working Hours, Wages and Leave
The statutory working week is capped at 45 hours for full-time employees. Time worked beyond this is overtime, compensated at 1.5 times the normal hourly rate or, by agreement, with compensatory time off. Total overtime is limited to 270 hours per year, and as a rule the employee’s written consent is needed.
Wages are usually paid monthly and must at least meet the national minimum wage, which is set by the government and revised at least annually. Payment must run through a bank for most employers. Late or short payment is not a minor administrative slip: it exposes the employer to penalties and, critically, gives the employee grounds to resign for just cause while preserving full severance rights.
Employees are entitled to paid annual leave once they complete one year of service. Leave ranges from 14 to 26 working days depending on length of service, plus national and public holidays. Unused accrued leave does not simply evaporate; on termination it is paid out in cash based on the final wage, which is a line item employers routinely underestimate.
Termination and Severance
Termination is the most litigated area of Turkish employment law, and the outcome turns almost entirely on how the relationship ends. The key concepts are:
- Notice periods. Either party ending an indefinite-term contract must give notice ranging from two to eight weeks, depending on length of service, or pay in lieu.
- Valid reason and job security. In workplaces with 30 or more employees, an employee with at least six months’ service can only be dismissed for a valid reason and may bring a reinstatement claim if the reason is inadequate.
- Just cause. Serious misconduct or breach allows immediate termination without notice, but the employer must act within six working days of learning of the conduct.
- Severance pay. After one year of service, a qualifying termination triggers severance of 30 days’ gross wage per year worked, up to a statutory ceiling.
How the contract ends determines what is owed. The broad picture:
| How the employment ends | Notice / pay in lieu | Severance pay | Reinstatement risk |
|---|---|---|---|
| Employee resigns without justified cause | Employee gives notice | No | No |
| Employee resigns for justified cause | No | Yes | No |
| Employer dismisses with valid reason | Yes | Yes | Low, if documented |
| Employer dismisses for just cause | No | No | No, if cause holds up |
| Dismissal without valid reason (30+ staff) | Yes | Yes | Yes, plus compensation |
Written notice stating the specific grounds is essential; vague, generic or unsupported reasons are frequently overturned. What this means for you: the difference between a resignation, a dismissal for just cause, and a dismissal without valid reason can swing the employer’s exposure from nothing to reinstatement plus several months’ wages. Document the reason, the evidence and the timing before you act, not after.
For employers planning a restructuring or headcount reduction, the sequence matters as much as the substance. Performance concerns should be documented in writing over time, warnings issued and acknowledged, and alternatives such as reassignment genuinely considered before dismissal. Turkish labor courts routinely ask whether termination was truly the last resort, and a file assembled after the decision rarely convinces them.
Mandatory Mediation
For most employment claims, mediation is a mandatory step before litigation. Claims for severance, notice pay, unpaid wages, overtime, annual-leave pay and reinstatement must first go through the mediation process before a court will even accept the file. Filing suit without a mediation record leads to dismissal on procedural grounds. Compensation claims arising from workplace accidents and occupational illness are among the limited exceptions.
Mediation is not a formality to be rushed through, it is the single best chance to settle on controlled terms. Once the reinstatement clock and litigation costs start running, both sides lose leverage.
We prepare and represent clients at mediation to secure favorable settlements early and, where the matter cannot be resolved, carry it on to the labor courts with a clean procedural record.
Employing Foreign Nationals
Foreign nationals must obtain a work permit under the International Labour Force Law No. 6735 before beginning work. The permit is granted by the Ministry of Labour and Social Security and generally serves as a residence permit for the employment period. Applications are usually filed by the employer, and approval can depend on quotas tied to the number of Turkish employees, minimum capital, and the wage offered relative to the role.
Employers bear responsibility for securing permits before hiring; unauthorized employment triggers significant fines for both employer and worker, plus liability for unpaid social-security contributions and the cost of the foreign national’s removal in serious cases. For companies building a team in Türkiye, sequencing the permit process alongside company formation and registration is essential so that new hires are lawful from their first day.
How We Help
We draft and review employment contracts and workplace policies, advise on restructurings and lawful terminations, handle work-permit applications for foreign staff, run mandatory mediation, and litigate reinstatement, severance and wage claims before the labor courts. Whether you are an investor building a Turkish workforce or an employee protecting your rights, we translate the requirements of Labour Law No. 4857 into practical, defensible decisions, and we tell you where the real risk sits before it becomes a claim.
How we handle an employment matter
- 01
Compliance audit
We review contracts, policies, working-time records and social-security registrations against Labour Law No. 4857 before any dispute exists.
- 02
Contracts & documentation
We draft or repair employment contracts, non-competes and workplace policies so the paper trail supports you, not the other side.
- 03
Termination planning
Before any dismissal, we assess job-security exposure, document the valid or just cause, and observe the six-working-day and notice deadlines.
- 04
Mandatory mediation
We represent you through the compulsory mediation stage, where most employment disputes can still settle on controlled terms.
- 05
Labor court litigation
Where settlement fails, we pursue or defend severance, wage and reinstatement claims before the labor courts with a clean procedural record.
Frequently asked questions
What is the maximum working week under Turkish labor law?
The statutory limit is 45 hours per week for full-time employees under Labour Law No. 4857. Hours worked beyond 45 count as overtime and must be paid at 1.5 times the normal rate, or offset with compensatory free time where the parties agree. Total overtime is capped at 270 hours per year, and the employee's written consent is generally required.
Do I have to try mediation before suing my employer in Türkiye?
Yes. For most employment disputes, including claims for severance, notice pay, unpaid wages, overtime and reinstatement, mediation is a mandatory pre-condition to filing a lawsuit. You cannot go straight to court; the case is dismissed on procedural grounds if you skip this step. Compensation claims arising from workplace accidents and occupational illness are among the limited exceptions.
How long is the probation period?
A trial or probation period can last up to two months, and may be extended to four months by a collective bargaining agreement. During this period either side can terminate without notice, but wages and accrued entitlements for the period actually worked remain payable. The probation term must be stated in the contract to be valid.
When is an employee entitled to severance pay?
Severance pay generally accrues after at least one year of service, provided the employment ends for a qualifying reason, such as employer termination without just cause, retirement, military service, marriage (for women, within one year), the death of the employee, or the employee resigning for justified cause. It is calculated as 30 days' gross wage per full year of service, subject to a statutory ceiling that is updated twice a year.
Can an employer dismiss a worker whenever it wants?
Not freely. In workplaces with 30 or more employees, an employee with at least six months' service enjoys job security and can only be dismissed for a valid reason connected to conduct, capacity or the needs of the business. The reason must be stated in writing and be capable of proof. If it is inadequate, the employee can bring a reinstatement claim, and the employer may face reinstatement plus compensation of four to eight months' wages under Article 21 of Labour Law No. 4857.
Can foreign nationals work in Türkiye without a permit?
No. Foreign nationals must hold a valid work permit before starting employment, granted under the International Labour Force Law No. 6735 by the Ministry of Labour and Social Security. The permit in most cases doubles as a residence permit for the duration of employment. Employing a foreign national without a permit exposes both the employer and the worker to significant administrative fines and, on repeat, escalating penalties.